SECOND DIVISION

[G.R. No. 124461. September 25, 1998]

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. THE HONORABLE

JUDGE ESTRELLA T. ESTRADA, PRESIDING JUDGE, RTC,
BRANCH 83, QUEZON CITY; and AIDEN LANUZA, respondents.

DECISION
MARTINEZ, J.:

The People of the Philippines, through this petition for review, seeks the reversal of the
order of respondent Judge Estrella T. Estrada, dated December 7, 1995, which granted private
respondent Aiden Lanuzas motion to quash Search Warrant No. 958 (95), as well as the order
dated April 1, 1996 denying petitioners motion for reconsideration of the earlier order.
On June 27, 1995, Atty. Lorna Frances F. Cabanlas, Chief of the Legal, Information and
Compliance Division (LICD) of the Bureau of Food and Drugs (BFAD), filed with the Regional
Trial Court of Quezon City, Branch 83, an application for the issuance of a search warrant
against Aiden Lanuza of 516 San Jose de la Montana Street, Mabolo, Cebu City, for violation of
Article 40 (k) of Republic Act 7394 (The Consumer Act of the Philippines).
In her application for search warrant, Atty. Cabanlas alleged, among others, as follows:

1. On June 5, 1995, in my official capacity as Attorney V and Chief of LICD, I

received reports from SPO4 Manuel P. Cabiles of the Regional Intelligence Group IV,
Intelligence Command of the PNP that certain

1.a. Aiden Lanuza of 516 San Jose de la Montana Street, Mabolo, Cebu City sold to
said Officer Cabiles various drug products amounting to Seven Thousand Two
Hundred Thirty Two Pesos (P 7,232.00) on May 29, 1995;

1.b. Said Aiden Lanuza or her address at 516 San Jose de la Montana Street, Mabolo,
Cebu City has no license to operate, distribute, sell or transfer drug products from the
BFAD;

1.c. Distribution, sale or offer for sale or transfer of drug products without license to
operate from BFAD is in violation of Art. 40 (k) of RA 7394 (or the Consumer Act).

2. In support of the report, the subscribed affidavit of Mr. Cabiles, his report and the
various drug products sold and purchased contained in a (sic) plastic bags marked
Lanuza Bag 1 of 1 and Lanuza Bag 2 of 2 were enclosed; and the same are likewise
submitted herewith.

xxx xxx xxx. [1] (Emphasis supplied)

The application, however, ended with the statement that the warrant is to search the premises
of another person at a different address:

3. This is executed to support affiants application for a search warrant on the premises of Belen
Cabanero at New Frontier Village, Talisay Cebu.[2] (Emphasis supplied)

In support of the application, the affidavit of SPO4 Manuel P. Cabiles, a member of the
Regional Intelligence Group IV of the PNP Intelligence Command, Camp Vicente Lim,
Canlubang, Laguna, was attached thereto, wherein he declared that:

1. Upon the request for assistance by BFAD, he conducted surveillance for persons
distributing, selling or transferring drug products without license to operate from
BFAD.

2. On May 29, 1995, a certain Aiden Lanuza of 516 San Jose de la Montana St.,
Mabolo, Cebu City sold to him various drug products amounting to P7,232.00 and

3. Upon further verification in the BFAD registry of licensed persons or premises, the
said person and place have in fact no license to operate.

4. Earlier than May 29, 1995, affiant saw a delivery of drug products from the
residence of Mrs. Lanuza in 516 San Jose de la Montana St., Mabolo, Cebu City to
another person.

5. Accompanying this affidavit are the various products sold to/and purchased by the
affiant contained in two (2) plastic bags marked Lanuza Bag 1 of 1 and Lanuza Bag 2
of 2.

This is executed in support of the affiants report to BFAD and for whatever legitimate purpose
this may serve. [3] (Emphasis supplied)

The BFAD also submitted with the application a copy of the sketch[4] of the location of Aiden
Lanuzas residence at her stated address.
On the same day the application was filed, the respondent Judge issued Search Warrant No.
958 (95), which reads in full:
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
 BRANCH 83 QUEZON CITY

PEOPLE OF THE PHILIPPINES, Plaintiff,

- versus - SEARCH WARRANT NO. 958 (95)

AIDEN LANUZA,

Defendant.

X---------------------------X

SEARCH WARRANT

It appears to the satisfaction of this Court, after examining under oath Atty. Lorna
Frances F. Cabanlas, Chief of the Legal Information and Compliance Division (LICD)
of the Bureau of Food and Drugs (BFAD) and her witness, Manuel P. Cabiles,
member of the Intelligence Group IV, Intelligence Command, PNP, Camp Vicente
Lim, Canlubang, Laguna, that there are reasonable grounds to believe that a violation
of Article 40(k) in relation to Article 41 of Republic Act No. 7394 (Consumer Act) has
been committed or about to be committed and there are good and sufficient reasons to
believe that Ms. Aiden Lanuza of 516 San Jose dela Montana Street, Cebu City has in
her possession and control at said address the following described properties:

medicines and drugs of undetermined quantity among which are Bricanyl Tablet,
Bisolvon Tablet, Buscopan Tablet, Buscopan Ampoule, Mucosolvan Ampoule,
Persantin Tablet, Tegretol Tablet, PZA-Ciba Tablet, Voltaren Tablet, Zantac
Ampoule, Ventolin Tablet, Ventolin Inhaler, Dermovate Cream, Fortum Vial,
Zinacef Vial, Feldene 1M Ampoule, Norvasoc Tablet, Bactrim Forte Tablet,
Rochephin Vial, Tilcotil Tablet, Librax Tablet, Methergin Tablet and Tagamet
Tablet

which she is selling, distributing and transferring without the necessary license from
the Department of Health.

You are hereby commanded to make an immediate search at any time of the DAY or
NIGHT of the premises above-described and forthwith seize and take possession of
the undetermined amount of drugs and medicines subject of the offense and to bring
the same to this Court to be dealt with as the law directs.
You are further directed to submit a return of this Search Warrant within ten (10) days
from today.

This Search Warrant is valid within a period of ten (10) days from the date of issue.

GIVEN UNDER THE HAND AND SEAL of this Court this 27 day of June 1995 at Quezon
th

City.

(Sgd.)ESTRELLA T. ESTRADA
Second Vice Executive Judge[5]
(Emphasis supplied)